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Public-Private Partnerships - Public
Government entities in the United States have understood the importance of surety bonds and have required bonds for over a century to provide performance and payment assurance for the nation's infrastructure projects. Although procurement methods have evolved—including the increased use of public-private partnerships (P3s) in the U.S.—construction risks remain the same, making surety bonds just as relevant and important today. Bonding is a tool that protects taxpayer and investor dollars and supports economic empowerment, sustainability, job creation and legacy wealth for contractors and subcontractors, and the surety industry remains ready to provide bonding for all types of construction delivery mechanisms, including P3 projects.

This page contains information about Public-Private Partnerships (P3s).  Additional information for Members is available on the Public-Private Partnerships - Members page.

 Bonding P3s - FAQs Surety Bonds: Financial Security; Construction Assurance
   



SFAA Successfully Addressed Bonding in Many P3 Bills that Moved in the 2016 SessionsOpen in a New Window

  SFAA Successfully Addressed Bonding in Many P3 Bills that Moved in the 2016 Sessions 
Members should visit Government Relations / General Info (Members) for more information.

 

SFAA and AIA Seeking to Address Bonding for P3 Pilot Program Bill Moving in Pennsylvania HouseOpen in a New Window


SFAA and AIA Seeking to Address Bonding for P3 Pilot Program Bill Moving in Pennsylvania House
Members should visit Government Relations / General Info (Members) for more information.

 

D.C. P3 Regulations Revised to Address SFAA’s Comments on BondingOpen in a New Window

  D.C. P3 Regulations Revised to Address SFAA’s Comments on Bonding 

 More information for Members at P3s / Public-Private-Partnerships (Members)


 

Louisiana P3 Bill for DOT Enacted with SFAA and AIA’s Bonding AmendmentOpen in a New Window

  Louisiana P3 Bill for DOT Enacted with SFAA and AIA’s Bonding Amendment 
More information for Members at P3s / Public-Private-Partnerships (Members)

 

SFAA and AIA Addressing Bonding in P3 Pilot Program Bill in PennsylvaniaOpen in a New Window


SFAA and AIA Addressing Bonding in P3 Pilot Program Bill in Pennsylvania 
More information for Members at P3s / Public-Private-Partnerships (Members)

 

New Hampshire Governor Signs P3 Bill with SFAA and AIA’s Bonding AmendmentOpen in a New Window

  New Hampshire Governor Signs P3 Bill with SFAA and AIA’s Bonding Amendment 
More information for Members at P3s / Public-Private-Partnerships (Members) 

 

Indiana Study Committee on Bonding for P3s AnnouncedOpen in a New Window

  Indiana Study Committee on Bonding for P3s Announced 
More information for Members at P3s / Public-Private-Partnerships (Members) 

 

SFAA Comments on D.C. Proposed P3 RegulationsOpen in a New Window

  SFAA Comments on D.C. Proposed P3 Regulations.

More information for Members at P3s / Public-Private-Partnerships (Members) 


 

States Consider P3 LegislationOpen in a New Window


In 2016, there has been continued interest in the state legislatures with regard to public-private partnerships (P3s) for various kinds of public works projects. The following is a Member only report on the bills SFAA has seen this year. 
More information for Members at P3s / Public-Private-Partnerships (Members) 

 

Louisiana P3 Bill for DOT Sent to Governor with SFAA and AIA's Bonding AmendmentOpen in a New Window

  View PDF version (for Members) / More information for Members at P3s / Public-Private-Partnerships (Members)   

 

New Hampshire P3 Bill Sent to Governor with SFAA and AIA Bonding ProvisionsOpen in a New Window

  View PDF version (for Members) / More information for Members at P3s / Public-Private-Partnerships (Members) 

 

Multiple P3 Legislative Items PostedOpen in a New Window

  New Hampshire P3 Bill Passes House with SFAA Bonding Amendment
  SFAA Obtains Amendments to Louisiana P3 Bill for DOT
  Oklahoma P3 Bill Heads to Conference Committee with Bonding Requirements
  Conference Committee for Carryover Minnesota P3 Bill Resumes with SFAA Bonding Amendments in Bill

More information for Members at P3s / Public-Private-Partnerships (Members)


 

States Considering Public-Private Partnership Legislation in 2016Open in a New Window

View PDF version (for Members) / More information for Members at P3s / Public-Private-Partnerships (Members)

 

Indiana P3 Study Bill Passes out of Committee in the SenateOpen in a New Window

 

More information for Members at P3s / Public-Private-Partnerships (Members)

 

Multiple P3 Legislative Items PostedOpen in a New Window

 

 

SFAA Seeks Amendments for P3 Legislation Introduced in Rhode Island

  

 

 


 

 

SFAA Supports Bonding Provisions in Kansas P3 Bill

 

 


 

 

Missouri P3 Bill for I-70 Unlikely to Move in 2016

 

 


More information for Members at P3s / Public-Private-Partnerships (Members)

 

 

Indiana P3 Bonding Amendments Head to Summer Study CommitteeOpen in a New Window

 

 

More information for Members at P3s / Public-Private-Partnerships (Members)

 

Multiple P3 Legislative Items PostedOpen in a New Window

  

SFAA Working to Amend Fast Moving P3 Bill in Kentucky


 

 

SFAA Addressing P3 Bills in the States with Industry Partners

 


More information for Members at P3s / Public-Private-Partnerships (Members)

 

New York Budget Bill Includes P3 ProvisionsOpen in a New Window

 

More information for Members at P3s / Public-Private-Partnerships (Members)

 

New Texas P3 Guidelines Contain AIAI Provisions Requiring BondingOpen in a New Window

The Texas Facilities Commission issued its Public Private Partnership (P3) late last year. The guidelines apply to all qualifying P3 projects under the Public and Private Facilities and Infrastructure Act in Chapter 2267 of the Texas Government Code. SFAA and its members worked through the Association for Investment in American Infrastructure (AIAI) to make recommendations for the contents of the guidelines based on AIAI’s best practices, which include bonding. The guidelines provide that the P3 agreement must include a requirement for the delivery of letters of credit or other security for the development or operation of the project, in the forms and amounts satisfactory to the public owner, and delivery of performance and payment bonds in compliance with Chapter 2253 of the Texas Government Code (Little Miller Act) for all construction activities. A copy of the guidelines is attached.

The new guidelines essentially apply to all non-transportation projects. The P3 laws for Department of Transportation (DOT) projects, however, still permit alternative forms of security in lieu of the payment and performance bonds under Chapters 223.205, 366.404 and 370.308 of the Transportation Code. These provisions allow a cashier’s check, U.S. bond or note, an irrevocable bank letter of credit or any other form of security that the DOT finds suitable.
View more information

 

Michigan SB 627 - P3 Legislation will be Heard TodayOpen in a New Window

 

 

More information for Members at P3s / Public-Private-Partnerships (Members)

 

Congressional Budget Scoring Rule Changes Do Not Address P3 LegislationOpen in a New Window

 

More information for Members at P3s / Public-Private-Partnerships (Members)

 

Joint Trade Comments on FHWA Guide Urge Bonding Requirements for P3sOpen in a New Window

 

 

More information for Members at P3s / Public-Private-Partnerships (Members)

 

New P3 Transportation Bill Introduced in MichiganOpen in a New Window

A transportation P3 bill recently was introduced in Michigan. HB 4940 would authorize the Department of Transportation (DOT) to enter into public-private partnerships (P3) for public transportation facilities.  The P3 agreement would have to establish the amounts of the payment and performance bonds, letters of credit or other security that the concessionaire would have to obtain.  The DOT may authorize the concessionaire to post a letter of credit in lieu of the bonds. If the DOT determines that bonds or letters of credit are not “reasonably available in sufficient amounts,” it could accept other forms of commercially reasonable security, including parent corporation guarantees, to supplement the available bonds or letters of credit.  The DOT would have to require sufficient security to ensure the fulfilment of the purposes of the bond. The DOT may accept bonds, letters of creditors or other security from entities other than the concessionaire as long as the purposes of the bond are fulfilled.  All P3 agreements under this bill are subject to legislative approval. 


More information for Members at P3s / Public-Private-Partnerships (Members)

 

 

SFAA Recommends Bonding Requrirements for Maryland Transportation Authority P3 RulesOpen in a New Window

 


More information for Members at P3s / Public-Private-Partnerships (Members)

 

 

New Jersey P3 Legislation - Bonding Issues to be Addressed TodayOpen in a New Window

 


More information for Members at P3s / Public-Private-Partnerships (Members)

Public-Private Partnerships (P3s) - Public

More InfoHide Info ]
This file collection has documents about Public-Private Partnerships (P3s).
Item Name Posted By Date Posted
Frequently Asked Questions About P3s PDF (147.37 KB) Administration 2/17/2016
New Texas P3 Guidelines Contain AIAI Provisions... PDF (506.53 KB)  more ] Administration 1/28/2016
New P3 Transportation Bill Introduced in Michigan PDF (149.16 KB) Administration 10/14/2015
AR P3 Legislation Moving in House with Bonding ... PDF (95.53 KB)  more ] Administration 3/24/2015
MO P3 Bill Amended to Clarify Bonding Requirements PDF (95.38 KB) Administration 3/24/2015
MD P3 Technical Correction Legislation Moving ... PDF (95.42 KB)  more ] Administration 3/24/2015
Minnesota P3 Pilot Project Bill Heard in Committee PDF (95.4 KB) Administration 3/17/2015
Georgia P3 Bill Revised with SFAA’s Amendments PDF (95.15 KB) Administration 2/27/2015
ENR Publishes SFAA's Viewpoint on Surety Bonds/P3s Link  more ] Administration 2/20/2015
P3 Technical Correction Bill Introduced in MD PDF (41.93 KB) Administration 2/11/2015
Joint SFAA/NASBP article: "Bonding is Essential... Link  more ] Administration 2/6/2015
SFAA Addresses P3 Bills in New Jersey PDF (42.24 KB) Administration 1/21/2015
SFAA's P3 Legislation Introduced in Indiana PDF (41.71 KB) Administration 1/20/2015
DC Enacts P3 Enabling Legislation with Bonding ... PDF (42.54 KB)  more ] Administration 1/6/2015
DC City Council Passes P3 Bill that Requires Bonds PDF (59.53 KB)  more ] Administration 12/2/2014
DC City Council Agrees that P3s Should be Bonded PDF (51.03 KB) Administration 11/6/2014
New Risks Can Arise in Extended O&M Contracts PDF (810.04 KB)  more ] Administration 11/5/2014
Building Bonds with Central Florida Businesses Link Administration 10/29/2014
DC P3 Bill Begins to Move PDF (51.76 KB) Administration 10/22/2014
US House Transportation Cmte Panel Releases Report PDF (1.04 MB)  more ] Administration 9/18/2014
Administration Summit Looks for Private Investment PDF (1.02 MB)  more ] Administration 9/11/2014
SFAA Comments to VDOT Urges Bonding as Best ... PDF (50.9 KB)  more ] Administration 8/26/2014
FL Task Force Recognizes SFAA President ... PDF (668.55 KB)  more ] Administration 8/15/2014
PPPs: Payment Security Concerns PDF (60.75 KB)  more ] Administration 5/23/2014
OH P3 Legislation is on a Fast Track to Enactment PDF (66.87 KB) Administration 5/20/2014
Overview of Selected Tax Provisions Relating to... PDF (170.49 KB)  more ] Administration 5/5/2014
Surety Bond Ad: Construction Assurance PDF (1.63 MB) Administration 4/30/2014
Kentucky Governor Vetoes the P3 Bill PDF (156.37 KB) Administration 4/14/2014
SFAA President Speaks to P3 Task Force in FL PDF (8.19 MB)  more ] Administration 4/8/2014
P3 Legislation Moving Slowly in the Short Sessions PDF (55.63 KB) Administration 3/21/2014
House Transportation & Infrastructure Panel ... PDF (45.66 KB)  more ] Administration 3/13/2014
NH Considers Bonding in P3s & Wants Further Study PDF (53.56 KB)  more ] Administration 3/12/2014
SFAA Staff/Members Participate in AIAI’s P3 Event PDF (1.51 MB)  more ] Administration 2/25/2014
MI Likely to Pass on P3 Legislation This Year PDF (65.05 KB) Administration 2/7/2014
Amendments to IN P3 Law Will Wait Until Next Year PDF (51.6 KB) Administration 2/4/2014
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